Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1887-04-09
FAILED TO AGREE.
The Case of Edward j. Kennedy, Charged
With Opening Letters, Etc.

Is. F. Call, April Sth.l
Edward J. Kennedy, a youth of II, was
tried by jury in the United States Dis
trict Court yesterday on charges of s. delay
ing, OBTAINING, secreting and opening let
tiers " which passed through his hands in
October last, as a special delivery messen-
ger connected with the Sacramento Post
office.
The testimony for the Government
showed that during the month named
about forty letters were missed, and that,
although complaints were made as to their
loss, they were not found until nearly two
months after the youths discharge, and
then quite accidentally behind lot of ad-
vices in a bundle deposited ON shelves in
an out of the-way storeroom. A number
of the letters were addressed to Weinstock
& Lubin, of Sacramento, and, though some
were opened, the Enclosures were all found
to be intact. A written confession of the
lad was also introduced, exonerating all
the Postoffice employees, and saddling upon
himself all the blame.
Upon the stand yesterday Kennedy repu-
dated the confession, claiming that he had
written it blindly at the dictation of Dep
uty Postmaster Leake. The youth proved
himself very wide-awake fellow, and told
an ingenious story to the effect that he was
in the habit on Sundays of doing most all the
work of the employees, so as to allow them
to attend the games of baseball, ETC.; that
on the day in question he was stamping
the Oregon mail, which had Just arrived,
/ and while in the act of cutting the string
of package. he was suddenly taken i'll,
and went out, carrying the letters with
him, and leaving them on the shelves in
question as the first convenient place, with
out giving another thought to them.
To discredit this story evidence was in
troduced that the missing letters have
stamps of receipt of different dates, and
being from various localities on the slope
could not have been handled by the de-
fendant as Oregon mail on the day in
question. 1t was also shown that on the
way out Kennedy passed four tables
against some of which he must have
brushed on account of the narrowness of
the passageway, and that therefore the
shelves in the out-of-the way store-room
could not have been the convenient place
for depositing the letters which defendant
pretended they were.
Two incidents occurring at the trial
served to give the case more than a passing
interest. One was the appearance on the
staud of defendants father, machinist in
the railroad shops. He completely broke
down in his testimony, giving way to teals
like child, while the son stood unmoved
at the sight of his parents anguish.
The other episode was furnished by j..
W. Stafford, who was the money-order
clerk from November last until after the
holidays, when he resigned. His testi-
mony was introduced on behalf of the de-
fendant for the evident purpose of show
ing the looseness of the management of
the Sacramento Postoffice. The witness
Il. a. L.
mas last, surplus in his cash-sack of
$500 from some. to him, pnaccountable
source; also that his resignation, although
voluntary on his part, was indirectly the
result of deficit of $40, for which be and
he only was responsible, according to his
bonds in the sum of $4,000.
Stafford said he pored over his ac-
counts for fifteen days back, but
could not find where the deficit came from.
Taking the surplus found in particular
part of safe, the key to which no one but
himself had, he reduced the deficit to $270,
which he also made good on his bond and
then resigned completely discouraged.
The witness intimated that the money
might have been distracted while the safe
was open during the day. He accused no
one yet the fact remained that there was
a mysterious disappearance of money
which he had to make good.
Deputy Postmaster Leake, to contradict
the effect of this testimony, stated that
Stafford's resignation was asked on the
ground of incompetency, and because he
could never draw up his balance-sheet
after days work. He (Leake) had be-
come tired of remaining up every night
until II o'clock helping Stafford to strike
his balance, in addition to his other duties
as Deputy Postmaster, and therefore urged
him to resign.
Judge Hoffman discharged the jury at
10 O'Clock as it was unable to agree Early
in the evening, and before being taken out
for dinner, it stood eight for acquittal and
four for conviction. Upon dismissal nine
of the jurors favored acquittal.